| HB 180 - Natural Gas Marketing Act of 1999; enact |
First Reader Summary
A BILL to amend Chapter 4 of Title 46 of the Official Code of
Georgia Annotated, relating to the distribution, storage, and
sale of natural gas, so as to enact the "Natural Gas Market Act
of 1999"; and for other purposes.
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
|
| 1/26/99 |
Read 2nd Time |
|
HB 180 LC 27 0700
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 4 of Title 46 of the Official Code of
1- 2 Georgia Annotated, relating to the distribution, storage,
1- 3 and sale of natural gas, so as to enact the "Natural Gas
1- 4 Marketing Act of 1999," to provide for a short title; to
1- 5 define certain terms; to provide for the certification of
1- 6 persons which bill for or solicit intrastate natural gas
1- 7 services; to establish procedures for the confirmation of
1- 8 changes in the selection of a natural gas marketer which are
1- 9 generated by telemarketing; to provide for the contents of
1-10 certain letters of agency; to provide for investigations and
1-11 establish reporting requirements; to prohibit abusive
1-12 telemarketing acts or practices by natural gas marketers; to
1-13 provide for a criminal penalty for certain acts of forgery
1-14 or falsification of authorization; to provide for the
1-15 enforcement of this Act; to authorize the Public Service
1-16 Commission to make certain factual findings; to provide for
1-17 a private cause of action for damages resulting from
1-18 violations of this Act; to provide for related matters; to
1-19 provide for an effective date; to repeal conflicting laws;
1-20 and for other purposes.
1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-22 SECTION 1.
1-23 Chapter 4 of Title 46 of the Official Code of Georgia
1-24 Annotated, relating to the distribution, storage, and sale
1-25 of natural gas, is amended by adding at the end thereof a
1-26 new article to be designated as Article 6, to read as
1-27 follows:
1-28 46-4-170.
1-29 This article shall be known and may be cited as the
1-30 'Natural Gas Marketing Act of 1999.'
-1-
2- 1 46-4-171.
2- 2 As used in this article, the terms 'commodity sales
2- 3 service,' 'distribution service,' 'electing distribution
2- 4 company,''marketer,' and 'person' shall have the same
2- 5 meaning as provided in Code Section 46-4-152; the terms
2- 6 'retail customer' and 'customer' shall have the same
2- 7 meaning as provided in paragraph (15) of Code Section
2- 8 46-4-152; and the term 'natural gas service' includes
2- 9 commodity sales service and distribution service.
2-10 46-4-172.
2-11 No person shall bill any retail customer who receives
2-12 primarily firm service within this state for intrastate
2-13 commodity sales service or distribution service or solicit
2-14 intrastate commodity sales service or distribution service
2-15 within this state without a certificate of authority from
2-16 the Georgia Public Service Commission. If a marketer which
2-17 is certificated in Georgia uses a rebiller or other entity
2-18 to render a final bill, then the name of the marketer
2-19 which is actually providing the commodity sales service or
2-20 distribution service, as the name appears on its Georgia
2-21 certificate, shall appear on the bill, subject to space
2-22 limitations.
2-23 46-4-173.
2-24 (a) No marketer shall submit to a retail customer's
2-25 electing distribution company or current marketer a change
2-26 order for the customer's marketer of natural gas service
2-27 which is generated by outbound telemarketing unless and
2-28 until the order has been confirmed in accordance with one
2-29 of the following procedures:
2-30 (1) The marketer has obtained the customer's written
2-31 authorization in a form that meets the requirements of
2-32 Code Section 46-4-174;
2-33 (2) The marketer has obtained the customer's electronic
2-34 authorization, placed from the telephone number assigned
2-35 to the location at which natural gas service is to be
2-36 changed or the customer's principal place of business,
2-37 to submit the order that confirms the information
2-38 described in paragraph (1) of this subsection to confirm
2-39 the authorization. Marketers electing to confirm sales
2-40 electronically shall establish one or more toll-free
2-41 telephone numbers exclusively for that purpose. Calls
2-42 to the toll-free number or numbers shall connect a
-2-
3- 1 customer to a voice response unit, or similar mechanism,
3- 2 that automatically records the originating automatic
3- 3 numbering identification, records the required
3- 4 information regarding the change of the marketer, and
3- 5 records identifying information about the customer; or
3- 6 (3) An appropriately qualified independent third party
3- 7 operating in a location physically separate from the
3- 8 telemarketing representative has obtained the customer's
3- 9 oral authorization to submit the marketer change order
3-10 that confirms and states appropriate data verifying the
3-11 customer's identity.
3-12 (b) All letters of agency, recordings, or other evidence
3-13 of change orders shall be maintained by the soliciting
3-14 marketer for at least one year from the date the retail
3-15 customer's service was switched. Failure to maintain such
3-16 records shall constitute prima-facie evidence that consent
3-17 from the customer was not obtained.
3-18 (c) Any marketer's telemarketing or direct mail
3-19 solicitations or confirmation cards soliciting to change a
3-20 retail customer's marketer shall include the following
3-21 disclosures:
3-22 (1) Identification of the marketer soliciting the
3-23 change;
3-24 (2) That the purpose of the call or confirmation card is
3-25 to solicit a change of the customer's marketer of
3-26 natural gas service;
3-27 (3) That the customer's natural gas service may not be
3-28 changed unless and until the requested change is
3-29 confirmed in accordance with this Code section and Code
3-30 Section 46-4-174; and
3-31 (4) A description of any charge that may be imposed upon
3-32 the customer by any party for processing the change of
3-33 marketer.
3-34 (d) Customer requests for information or for services
3-35 other than commodity sales service or distribution service
3-36 do not constitute a request for a change in a marketer.
3-37 (e) The requirements of this Code section do not apply to
3-38 consumer initiated calls.
-3-
4- 1 46-4-174.
4- 2 (a) A marketer relying on a written authorization from a
4- 3 retail customer for a marketer change must obtain a letter
4- 4 of agency as specified in this Code section. Any letter
4- 5 of agency that does not conform with this Code section is
4- 6 invalid.
4- 7 (b) The letter of agency shall be a separate document, or
4- 8 an easily separable document containing only the
4- 9 authorizing language described in subsection (e) of this
4-10 Code section, having the sole purpose of authorizing a
4-11 marketer to initiate a change in a retail customer's
4-12 marketer of natural gas service. The letter of agency
4-13 must be signed and dated by the subscriber to natural gas
4-14 service requesting the change of marketer.
4-15 (c) The letter of agency shall not be combined with
4-16 inducements of any kind on the same document.
4-17 (d) Notwithstanding subsections (b) and (c) of this Code
4-18 section, the letter of agency may be combined with checks
4-19 that contain only the required letter of agency language
4-20 prescribed in subsection (e) of this Code section and the
4-21 necessary information to make the check a negotiable
4-22 instrument. The letter of agency check shall not contain
4-23 any promotional language or material. The letter of
4-24 agency check shall contain, on the front of the check in
4-25 easily readable, boldface type at least as large and as
4-26 dark as any other on the front of the check, a notice that
4-27 the customer is authorizing a change of marketer by
4-28 signing the check. The letter of agency language also
4-29 shall be placed near the signature line on the back of the
4-30 check.
4-31 (e) At a minimum, the letter of agency must be printed in
4-32 a type of a size and readability equal to at least 12
4-33 point New Roman font and must contain clear and
4-34 unambiguous language that confirms:
4-35 (1) The customer's billing name and address and each
4-36 natural gas service location to be covered by the
4-37 marketer change order;
4-38 (2) The decision to change the customer's marketer of
4-39 natural gas service from the current marketer to the
4-40 prospective marketer;
-4-
5- 1 (3) That the customer designates the electing
5- 2 distribution company or marketer, as applicable, to act
5- 3 as the customer's agent for the change of marketer; and
5- 4 (4) That the customer understands that any marketer
5- 5 selection the customer chooses may involve a charge to
5- 6 the customer for changing the customer's marketer and
5- 7 could involve a charge for changing back to the original
5- 8 marketer.
5- 9 (f) Letters of agency shall not suggest or require that a
5-10 customer take some action in order to retain the
5-11 customer's current marketer.
5-12 (g) If any portion of a letter of agency is translated
5-13 into another language, then all portions of the letter of
5-14 agency must be translated into that language. Every
5-15 letter of agency must be translated into the same language
5-16 as any promotional materials, oral descriptions, or
5-17 instructions provided with the letter of agency.
5-18 46-4-175.
5-19 (a) A customer shall first report any unwanted,
5-20 unauthorized change of the customer's marketer to the
5-21 customer's current marketer or, if none, electing
5-22 distribution company, or the commission; and, thereafter,
5-23 such marketer or electing distribution company shall
5-24 investigate this complaint along with the soliciting
5-25 marketer in order to determine if the change was
5-26 authorized in accordance with the procedures specified in
5-27 Code Sections 46-4-173 and 46-4-174. If the customer's
5-28 current marketer or electing distribution company and the
5-29 soliciting marketer have exhausted all means of making a
5-30 determination regarding authorization of such change, then
5-31 they may employ the assistance of the commission in
5-32 resolving the complaint.
5-33 (b) If the soliciting marketer subscribes to an expedited
5-34 marketer switchback service, no investigation will be
5-35 conducted by the customer's current marketer unless the
5-36 customer specifically requests that an investigation be
5-37 conducted. In these situations, the customer shall be
5-38 switched back promptly to the former marketer at no charge
5-39 to the customer, consistent with this article.
5-40 (c) All marketers and electing distribution companies
5-41 shall maintain monthly records of the number of
5-42 unauthorized changes and expedited switchbacks of a
-5-
6- 1 customer's marketer and shall report such data to the
6- 2 commission on a quarterly basis within 45 days following
6- 3 the end of the quarter.
6- 4 (d) Nothing in this Code section shall be construed to
6- 5 require a customer reporting any unwanted, unauthorized
6- 6 change to exhaust any administrative remedy or remedies
6- 7 that such customer may have available by law before filing
6- 8 an action under the provisions of Code Section 46-4-181.
6- 9 46-4-176.
6-10 The customer's current marketer shall initiate action to
6-11 change the customer back to the prior marketer or to
6-12 another marketer of the customer's choice within three
6-13 business days after a customer's request for such a
6-14 change.
6-15 46-4-177.
6-16 Marketers shall not engage in any abusive telemarketing
6-17 act or practice. Each instance of engaging in an abusive
6-18 act or practice shall constitute a separate violation of
6-19 this article. Abusive telemarketing acts or practices
6-20 shall include but not be limited to the following conduct:
6-21 (1) Threats, intimidation, or the use of profane or
6-22 obscene language;
6-23 (2) Causing any telephone to ring, or engaging any
6-24 person in telephone conversation, repeatedly or
6-25 continuously with intent to annoy, abuse, or harass any
6-26 person called at that number; and
6-27 (3) Engaging in outbound telephone calls to a person's
6-28 residence at any time other than between 8:00 A.M. and
6-29 9:00 P.M. local time at the called person's residence
6-30 unless such person has consented prior to the initiation
6-31 of the call.
6-32 46-4-178.
6-33 Any employee, representative, or agent of a marketer who
6-34 forges a customer's signature on a letter of agency or
6-35 otherwise falsifies evidence of customer authorization of
6-36 a change of a marketer shall be guilty of a misdemeanor.
6-37 Each instance of such forgery or falsification shall be a
6-38 separate offense.
-6-
7- 1 46-4-179.
7- 2 Any willful violation of this article is subject to
7- 3 enforcement as provided in Code Sections 46-2-91, 46-2-92,
7- 4 and 46-2-93. In addition, without limiting the scope of
7- 5 Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair
7- 6 Business Practices Act of 1975,' any willful violation of
7- 7 this article shall also constitute a violation of Code
7- 8 Section 10-1-393. Continued willful violations of this
7- 9 article may also constitute grounds for revocation of a
7-10 marketer's authority or certificate to provide service in
7-11 Georgia. Notwithstanding anything to the contrary
7-12 contained elsewhere in this article, any other activity or
7-13 conduct engaged in during the course of changing a
7-14 customer's marketer which is intended to mislead, deceive,
7-15 confuse, or perpetrate a fraud or unfair or deceptive act
7-16 or practice shall constitute cause, within the discretion
7-17 of the commission, to invoke the penalties or revocation,
7-18 or both, described in this Code section.
7-19 46-4-180.
7-20 If, after a hearing on a complaint, the commission shall
7-21 determine that the complainant's selection of a marketer
7-22 was switched in violation of this article, the commission
7-23 may make factual findings regarding the amount of damages
7-24 suffered by the complainant as a result of the
7-25 unauthorized switch. Such damages shall be calculated as
7-26 the amount of the difference between the charges for the
7-27 unauthorized and the authorized service from the date of
7-28 the unauthorized switch in the complainant's service.
7-29 46-4-181.
7-30 In the event that the remedies provided by Code Section
7-31 46-4-175 fail to restore a person to that person's
7-32 selected marketer and fail to reimburse the person for the
7-33 difference between the charges for the unauthorized and
7-34 the authorized service, within 90 days of the person's
7-35 report of an unwanted, unauthorized change of a marketer
7-36 to the marketer, electing distribution company, or the
7-37 commission as provided in Code Section 46-4-175, then such
7-38 person whose marketer has been switched in violation of
7-39 this article may bring an action to recover damages from
7-40 the marketer responsible for the violation. The superior,
7-41 magistrate, and state courts of this state shall have
7-42 jurisdiction over such actions. Notwithstanding any
7-43 provision of Code Section 46-2-9 to the contrary, such
-7-
8- 1 action may be brought in any county of this state in which
8- 2 the marketer transacts business within 24 months of the
8- 3 date of the unauthorized switch of a marketer; provided,
8- 4 however, that the running of the statute of limitations
8- 5 shall be tolled during the 90 day period during which the
8- 6 matter is under investigation pursuant to Code Section
8- 7 46-4-175. Such action shall proceed in all respects like
8- 8 other civil suits for damages, except that on the trial of
8- 9 such suits any findings of the commission made pursuant to
8-10 Code Section 46-4-180 shall be prima-facie evidence of the
8-11 facts stated therein, and damages shall be calculated as
8-12 three times the amount of the difference between the
8-13 charges for the unauthorized and the authorized service
8-14 from the date of the unauthorized switch in the
8-15 complainant's service. A prevailing plaintiff shall be
8-16 awarded reasonable attorneys' fees and expenses of
8-17 litigation incurred in connection with an action brought
8-18 under this Code section.
8-19 46-4-182.
8-20 (a) Nothing in this article shall be construed to limit or
8-21 repeal the application of any state or federal law or
8-22 regulation regarding telemarketing. In addition, nothing
8-23 in this article shall be construed to limit the
8-24 application of any such law or regulation to marketers
8-25 which engage in telemarketing.
8-26 (b) Nothing in this article shall prohibit an electing
8-27 distribution company from recovering the cost of
8-28 conducting investigations and reporting unauthorized
8-29 changes of a customer's marketer through tariffed charges
8-30 or through rates filed with the commission which are
8-31 applicable to the marketer making such an unauthorized
8-32 charge."
8-33 SECTION 2.
8-34 This Act shall become effective on July 1, 1999.
8-35 SECTION 3.
8-36 All laws and parts of laws in conflict with this Act are
8-37 repealed.
-8-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
